Criminal Defense

Criminal Penalties For Lapses In Workplace Safety

Published on: December 22, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Most employers understand that if there are problems with workplace safety they could face some serious and potentially expensive consequences. Injuries to employees can lead to higher workers’ compensation premiums, money spent on litigation and, should the Occupational Safety and Health Administration catch wind of the trouble, serious fines and other enforcement action. Additionally, employers can suffer serious reputational damage, among both employees and customers, if workers suffer harm due to lapses in workplace safety.

Group Calls For Changes Concerning Eyewitness Identification

Published on: December 15, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.

Charlotte Police Consider Banning Criminals From Certain Parts of Town

Published on: October 20, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

The Charlotte-Mecklenburg Police Department is currently considering moving forward with a plan that could lead to those convicted of certain crimes from being banned from entering certain parts of town for up to a year. The plan calls for the creation of “public safety zones” similar to prostitution-free zones that were created by the police department nearly 10 years ago. Critics have said that not only are the proposed public safety zones unconstitutional, but they’ve been shown to be ineffective in reducing crime.

How Serious Is The Sixth Amendment?

Published on: October 6, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage and privacy rights. This year appears to be no less interesting; with the court announcing that it would hear a range of controversial cases including ones on abortion rights and affirmative action. Amidst the more attention-getting cases, there are others of equal importance, including a very interesting one in the criminal realm about just how seriously the Sixth Amendment ought to be taken.

Legislator moves to criminalize sex “procured by fraud,” jail offenders for 20 years

Published on: May 28, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.

Class action challenges alleged police quota system, non-PC criminal summonses

Published on: May 21, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.

Sheriff’s office defends reserve deputy who shot, killed fleeing suspect

Published on: April 14, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

The Tulsa Sheriff’s Office was aware as early as 2009 of issues involving a reserve officer’s behavior in the field and special treatment he received during training, according to the Daily Mail and CBS News.

Alleged broken taillight means death for North Charleston motorist

Published on: April 2, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

Saturday, April 4 seemed like a good day for a cookout. Walter Scott drove his friend Pierre Fulton to a local church to pick up some vegetables. The men dropped the vegetables off at Fulton’s house and then headed over to Scott’s, where the cookout was planned.

Police officer seeks dismissal of conviction related to fantasy of killing, eating women

Published on: March 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

The prosecution of a former New York City police officer who federal prosecutors say participated in “a concerted criminal plot to kidnap and eat women” has raised concerns that his case will set a precedent for so-called “thought-crime” prosecutions.

Legislator wants to expand sex-offender registry to include places of employment

Published on: March 19, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers: A past conviction is keeping me from finding work what can I do?

A state legislator has introduced a bill that she says will close a loophole in Illinois’ sex offender registry. Critics of the bill say the bill is “overly punitive and burdensome” on offenders who have paid their debt to society, according to the Chicago Tribune.